Rochelle's Daily Wire

ABI Exclusive

consumer Cases

Is There a Lien on Entireties Property from a Judgment Against Only One Spouse?
November 15, 2016
8th Circuit ,
Eighth Circuit undertakes an arcane analysis of a question with little practical consequence.
Sixth Circuit Bars Bankruptcy Courts from Enforcing Constitutional Rights in Chapter 9
November 15, 2016
6th Circuit ,
Barring a city in chapter 9 from turning off the water violates Section 904, Sixth Circuit rules.
State Consumer Protection Law Preempted by the Bankruptcy Code
November 14, 2016
7th Circuit , Illinois , Illinois Northern District ,
Preemption easier to find than implied repeal, Chicago district judge says.
District Courts Lack Jurisdiction to Enforce Discharge Injunctions
November 11, 2016
11th Circuit ,
Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.
Ninth Circuit Now Requires Paying Default Interest to Cure a Default
November 8, 2016
9th Circuit ,
Divided panel holds that Section 1123(d) overruled Entz-White.
Disallowing a Claim Worth $300 Saddled Creditor with $14,400 in Attorneys’ Fees
November 7, 2016
9th Circuit ,
California’s fee-shifting law punishes an auto lender for filing a claim that was disallowed.
Debtor May Not Benefit from His Own Fraudulent Transfer
November 4, 2016
5th Circuit , Texas , Texas Southern District ,
Exemption cannot be claimed in a home recovered as a fraudulent transfer.
Accelerating Final Payoff Doesn’t Permit Modifying a Home Mortgage
November 3, 2016
5th Circuit , Texas , Texas Southern District ,
Debtor’s clever strategy to prepay a mortgage didn’t invoke Section 1322(c)(2).
Chapter 13 Stretches Out the Time for Redeeming Pawned Property
November 1, 2016
11th Circuit , Georgia , Georgia Middle District ,
Real estate foreclosure and pawn transactions aren’t the same, Georgia judge says.
Creditor with Scheduled Claim Still Must File a Proof of Claim in Chapter 13
October 31, 2016
9th Circuit ,
Ninth Circuit finds no loopholes in chapter 13’s claim-filing requirement.

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